Law on the German National Library (DNBG)

Unofficial table of contents

DNBG

Date of completion: 22.06.2006

Full quote:

" Law on the German National Library of 22 June 2006 (BGBl. 1338), which is the subject of Article 15 (62) of the Law of 5 February 2009 (BGBl. 160) has been amended "

Status:

Amended by Art. 15 para. 62 G v. 5.2.2009 I 160

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 29.6.2006 + + +) 

  

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§ 1 Legal status, seat

(1) The German National Library (Library) is the central archive library and the national bibliographic centre of the Federal Republic of Germany. (2) The Library is a legally competent Federal Institute of Public Law with the German National Library (Library). Deutsche Bücherei in Leipzig, the German Library in Frankfurt am Main and the German Music Archive. It is based in Frankfurt am Main. Unofficial table of contents

§ 2 Tasks, powers

The library has the task

1.

a)

the media works published in Germany in 1913 and

b)

the German-language media works published abroad in 1913, translations of German-language media works into other languages and foreign-language media works about Germany

to collect, inventory, develop and bibliographically record, to permanently secure and to make use of the general public, as well as to provide central library and national bibliographic services,

2.

running the German Exile Archive 1933-1945, the Anne-Frank-Shoah-Bibliothek as well as the German Book and Writing Museum,

3.

cooperate with the specialist institutions of Germany and abroad as well as participate in national and international specialist organisations.

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§ 3 Media Works

(1) Media works are all representations in writing, image and sound, which are disseminated in a physical form or made accessible to the public in an intangible form. (2) Media works in physical form are all representations on paper, electronic media and other media. (3) Media works in an intangible form are all representations in public networks. (4) Film works in which music is not the main focus, as well as works broadcast exclusively in broadcasting are not subject to the provisions of this law. Unofficial table of contents

§ 4 Articles of Association, Use, Cost

(1) The Library shall have a statute which shall be adopted by the Administrative Board by a majority of three quarters of its members. It requires the approval of the top federal authority responsible for culture and the media and must be published in the Federal Gazette. (2) The holdings of the library are available to the general public in accordance with a system of use, which the (3) The use of the holdings and the use of the services of the library are subject to a fee. The detailed rules shall be laid down by the Board of Directors. It requires the approval of the top federal authority responsible for culture and media. Unofficial table of contents

§ 5 Institutions

Organs of the Library are

1.

the Management Board,

2.

the Director-General or the Director-General,

3.

the advisory councils.

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§ 6 Board of Directors

(1) The Administrative Board shall have 13 members. These shall be determined in accordance with the conditions laid down in points 1 to 4.

1.

The German Bundestag shall send two persons;

2.

the Federal Government is sending three persons, of which at least two are from the top federal authority responsible for culture and media;

3.

the Börsenverein des Deutschen Buchhandels desends three persons;

4.

The Deutsche Forschungsgemeinschaft, the Deutsche Musikverlegerverband, the Bundesverband der Phonographic Wirtschaft, the City of Frankfurt am Main as well as the City of Leipzig are each sending a person.

A deputy or a deputy is to be appointed for each member. (2) The Presidency is a member of a member of the Federal Government, which is seconded by the Federal Government and is responsible for culture and the media. (3) The The Board of Directors is quorum if more than seven members are present. It decides by simple majority decision, provided that this law does not require any other requirements. In the event of a tie, the vote shall be taken by the vote of the chairman. (4) The Board of Directors shall decide in all matters which are of fundamental or significant economic importance to the Library and its development. In particular, it establishes the budget, relieves the Director-General or the Director-General after the completion of the audit, and takes a position on the proposed legal regulations in accordance with § 20. It monitors the performance of the tasks of the library. The Board of Directors may, on a case-by-case basis, delegate powers in the matters referred to in the first sentence to the Director-General or the Director-General of the Library. (5) The Statute shall be governed by the Statute. (6) The Chairman of the Board of Directors shall be the top service authority. Individual powers which follow this may be transferred to the Director-General or the Director-General of the Library. Unofficial table of contents

§ 7 Director-General, Director-General

(1) The Director-General or the Director-General shall carry out the operations of the Library. She or he decides in all matters of the Library, unless the Board of Directors or the Chief Administrative Authority is the Chairperson of the Board of Directors. (2) The Director-General or the Director-General shall represent the Library. Court and out-of-court. She or he is the supervisor or supervisor, as well as the service supervisor or supervisor of the staff of the library. Unofficial table of contents

Section 8 Advisory Councils

(1) The Advisory Board shall advise the Management Board and the Director-General or the Director-General in all matters relating to the Library. In the special affairs of the German Music Archive, they are advised by the Advisory Board for the German Music Archive. (2) As members of the Advisory Board, the Administrative Board shall convene up to twelve experts; half of the members of the Advisory Board shall be appointed. Proposal of the Börsenverein des Deutschen Buchhandels invoked. The Advisory Board also includes the Chairperson of the Advisory Board for the German Music Archive. (3) As members of the Advisory Board for the German Music Archive, the Board of Directors shall convene up to twelve experts; one quarter each of the members of the Advisory Board shall be appointed. The members of the Advisory Board are appointed on a proposal by the German Association of Music Publishers and the Federal Association of the Phonographic Economy. The advisory board for the German Music Archive also includes the chairperson of the advisory board or the chairman of the advisory board. (4) The details of the statutes are regulated. Unofficial table of contents

§ 9 Legal supervision

The top federal authority responsible for culture and the media is responsible for the legal supervision of the library. Unofficial table of contents

§ 10 Officials, Officials

(1) The Library has the capacity to act as a servant within the meaning of § 2 of the Federal Civil Service Act. (2) The Director-General or the Director-General, as well as the permanent representative in Leipzig and in Frankfurt am Main, shall be appointed to Proposal of the Administrative Board appointed by the President of the Federal Republic of Germany or the Federal President. The proposal shall require a two-thirds majority of the members of the Management Board. (3) The Chairman of the Management Board shall appoint the other officials, unless this power is conferred by the Articles of Association of the Director-General. or to the Director-General. Unofficial table of contents

§ 11 Workers, employees

The collective agreements and other provisions applicable to employees of the Federal Government are to be applied to the employment relationship of the employees, workers and workers. In the event of an insolvency event, the Federal Government shall make payments to them on the same level as the right to insolvency. Unofficial table of contents

§ 12 Housing

The regulations of the Federal Government on matters relating to construction, housing and rental are applicable to the library and its staff. Unofficial table of contents

§ 13 Budget, audit

(1) The provisions applicable to the federal government shall apply to the household, cash and accounting system and to the accounting and auditing of the library. (2) Decisions concerning the determination of the budget plan and the discharge of the budget shall be applied to the The Director-General or the Director-General shall require a majority of two-thirds of the members of the Management Board after the audit has been completed. Decisions on budgetary matters require the agreement of the representatives of the Federal Government, whereby in these matters the votes can only be given in a uniform manner. (3) The budget requires the approval of the culture and the Media responsible for the federal government. (4) The budget is made available by the federal government in accordance with the federal budget. Unofficial table of contents

§ 14 Abdelivery obligation

(1) In accordance with Section 2 (1) (a), media works in physical form shall be delivered to media works in a two-way copy in accordance with § 16 sentence 1. Music nodes which are only lent or rented (rental or loan materials) have to be delivered in a simple way in accordance with § 16 sentence 1. (2) The suppliers of the music have media works according to § 2 No. 1 (b) to be delivered in a simple way in accordance with § 16 sentence 1 if a holder or a holder of the original distribution right has the seat, a permanent establishment or the main residence in Germany. (3) The suppliers have media works in an intangible form in accordance with § 2 no. 1 letter a in simple form according to § (4) If the delivery obligation is not fulfilled within one week from the beginning of the distribution or the public access to the media work, the library is after a reminder and fruitless expiry of another three weeks. shall be entitled to otherwise procure the media works at the expense of the suppliers subject to the delivery. Unofficial table of contents

§ 15 Abdeliverable

The person who is entitled to distribute the media work or to make it publicly available and who has the seat, a permanent establishment or the main residence in Germany shall be required to pay the order. Unofficial table of contents

§ 16 Abdelivery Procedure

The media works have the right to complete, in perfect, non-fixed-term use and for permanent archiving by the library, free of charge and at your own expense within one week since the beginning of the To distribute or make available to the Library or to the body designated by the Library. Media works in an intangible form can also be made available for collection according to the specifications of the library. Unofficial table of contents

§ 17 The obligation to provide information

Upon delivery of the media works, the Library must give the Library free of charge the information required for the delivery of the tasks on request. If they do not comply with this obligation, the Library shall be entitled to obtain the information otherwise at the expense of the information providers after the end of a month since the beginning of the distribution or making available the public access to the public. Unofficial table of contents

§ 18 Subsidy

In the case of media works in physical form, the library grants a grant to the person to be delivered on request at the cost of production of the copies to be delivered if the charge which is free of charge constitutes an unreasonable burden. The more detailed rules are laid down in a regulation. Unofficial table of contents

Section 19 Penal rules

(1) The offence is unlawful.

1.

Contrary to § 14 (1), (2) or (3), a media work is not delivered, not in full, not in the prescribed manner or in a timely manner, or not in full or in time

2.

Contrary to § 17 sentence 1, an information is not provided, not correct, not complete or not in good time.

(2) The unlawful act is the person who is negligently committing an act referred to in paragraph 1 as a trader or a trader who is subject to an act of commercial duty. (3) The administrative offence can be carried out with a fine of up to ten thousand. (4) Administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences is the library. Unofficial table of contents

Section 20 Regulation authorisations

The member of the Federal Government responsible for culture and the media shall be authorized to implement the deposit delivery and to avoid an unreasonable effort of the library and to avoid an unreasonable cost of the library. Rules:

1.

the restriction of the delivery or collection obligation for certain types of media works if there is no public interest in their collection, inventory, development, securing and use,

2.

the nature of media works subject to delivery and the delivery in cases where a media work is disseminated in different editions or versions or made publicly available;

3.

the procedure for the delivery of media works and

4.

the conditions and the procedure for the award of grants.

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§ 21 State regulations

The national regulations on the delivery of media works remain unaffected. Unofficial table of contents

Section 22 Entry into force, external force

This Act shall enter into force on the day after the announcement.